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Articles Posted in Disability Discrimination

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A Major Sacramento Healthcare Provider is Sued for Disability Discrimination

A major health care provider Dialysis Clinic Inc. was sued for disability discrimination this week by EEOC. The lawsuit has been filed in the Eastern District Court in Sacramento. The plaintiff Francisca Lee had worked at the company’s facility on East Southgate Drive in South Sacramento for 14 years when…

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EEOC Brings Yet Another Discrimination Disability Lawsuit Against Autozone

Auto parts retailer AutoZone Inc., was accused last Friday of violating federal law for allegedly implementing a nationwide attendance policy that failed to accommodate certain disability-related absences. This the fourth workplace disability discrimination lawsuit the Equal Employment Opportunity Commission has filed against the company in recent years. In the latest…

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Equal Treatment Can Be Discrimination at Workplace

Although this sounds counter-intuitive, equal treatment of all employees can be discriminatory and in violation of disability and other laws. The seminal case on this issues is US Airways, Inc. v Barnett (2002), decided by the US Supreme Court. In that case, the high court considered whether leave and other…

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Disability Discrimination in Public and Government Agencies

My experience suggest that one of the reason for disability discrimination and failure to comply with disability laws in public / government agencies is the ignorance of disability laws and not understanding the obligations of the employer toward disabled workers among the managers and human resources personnel in these agencies.…

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Your Cellphone Records and Proving Disability Discriimination

One of the common challenges in proving violation of disability rights in a wrongful termination case is showing that the employer knew that the employee had a qualifying condition or suffered an injury shortly before being terminated, and thus his or her termination was discriminatory or retaliatory. In the absence…

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Asthma and Sensitivity to Smoke May Be Protected Medical Conditions at Workplace

Asthma and sensitivity to tobacco smoke and other pollutants are conditions that have been recognized by courts as a protected disability at workplace, entitling the workers suffering from those conditions to a reasonable accommodation. In County of Fresno v. Fair Employment & Housing Commission (1991), the employer (the county) argued…

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Can a temporary condition be a protected disability under FEHA?

Employers often argue that because a worker’s health condition is temporary and passing, the condition can’t possibly be considered a disability under California Fair Employment and Housing Act (FEHA). The assume, relying mostly on intuition, that the concept of disability necessarily entails some kind of permanent impairment. The courts, however,…

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